Terms of service

Terms of Service

Welcome to the Moer & Meng (Pty) Ltd trading as Moer & Meng (“M&M”) website ("Website"). Please take a moment to read these online shopping terms and conditions including M&M’s policies (collectively the "terms") to understand how they apply to you the customer (“you”) and your use of M&M’s Website and any M&M products (“Products”) or services (“Services”) that you may order online.

These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure you understand them. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. Important clauses, which may limit M&M's responsibility or involve some risk for you, are reflected in orange. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms. You agree to pay special attention to these clauses.

If you have any questions regarding M&M’s Website, the terms, M&M products (“Products”) or services (“Services”), please contact us.

Online Registration

Registration as a purchaser on the Website is free and does not oblige you to purchase anything.

You must register with us before placing your first order online. Please register here.

Registration and/or use of M&M’s Website constitutes your acceptance and agreement to be bound by the terms of M&M’s Website. To register you will be required to provide certain personal information which is protected by M&M’s Privacy Policy. When registering with us you will be required to provide an email address and a password which will be used as your username and password for the Website. Please keep your password private as M&M accepts no liability for any damages suffered or losses incurred from the use or misuse of your account.

You will be required to enter your username and password each time you visit M&M’s Website. To amend any registration particulars please click on "My Profile" where you can edit your details. When registering as a purchaser you are required to provide M&M with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider (ISP), but it typically takes less than 10 (ten) minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact us.

Products

Product Images and Representation

We have made every effort to display the products on the Website as accurately as possible, including:
• the images that represent a visual depiction of the Product
• features and descriptions that pertain to the Product;

The actual Product delivered may be subject to variations in appearance, as Product packaging may differ over time. It remains the responsibility of the customer to ensure that the Product he/she ordered is correct, and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product.

As the actual colours you see will depend on your computer's monitor M&M cannot guarantee that your monitor's display of any colour will be accurate.

Product Pricing, Availability and Delivery

The products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by M&M. Available delivery areas are identified at the checkout process when the delivery address is entered, and it remains the responsibility of the customer to ensure the delivery address, including the suburb and postal code, is correct.
All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed and do not constitute an offer by any of our physical M&M stores. M&M reserves the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.

M&M cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, M&M will endeavour to contact the customer based on the information provided at registration and offer either the option to cancel the order or reduce the quantities, where applicable. If M&M is unable to supply each item ordered or in the quantities ordered and cannot contact the customer, the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.

For online purchases, customers will be charged the prices that are reflected on the Website, subject to availability and save where “Inadvertent and Obvious Errors” have occurred. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited-offer stipulations.

Inadvertent and Obvious Errors

Whilst all precautions are taken by the Company to provide the correct information on the website, if we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, M&M is not obliged to provide you with the affected product or service. This includes inadvertent and obvious errors due to any technical or system error. M&M will make every effort to contact you to alert you of the error. In such circumstances you are entitled to cancel the purchase and we will provide a full refund for the amount paid.

Product Reviews

By submitting Product reviews to M&M, you represent and warrant that:
You understand you are participating in a public forum and that your submitted content and other personal information will be available to all other users of the Sites, the Community and potentially Third-Party Sites.

When you submit a review, you agree to the following:
• All review(s) submitted are accurate
• Your review is original and was created by you
• You are a resident of South; and are at least eighteen (18) years of age
• You are currently a bona fide user of the M&M Product(s) mentioned in your review.
• You are not an employee of M&M nor do you work for an affiliate or agency of M&M hired by M&M to promote and/or sell M&M Products;
• The statements you make in your review reflect your true and honest opinion of and current experience with the M&M item(s) which you are reviewing.
• If your review refers to a potential fault that could be specific to the item you received, not the Product in general, M&M’s Customer Service Team will be in touch to resolve it with you directly. In this instance, your review will not be published.
• M&M does not publish reviews for Products that haven't been bought from us directly (i.e. from another retailer/ in another country).

M&M shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your review(s):
• We reserve the right monitor/review your review;
• We reserve the right to edit your review - M&M will correct any spelling and grammar issues if necessary, but won't change the original meaning;
• By submitting a review to M&M.co.za, you grant the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout M&M’s marketing channels in any media;
• We retain full discretion to remove or refuse to post any review or rating that deems, in its sole discretion, to violate the Review Guidelines.

Orders

Confirmation of Orders

Orders placed online constitute your offer to purchase subject to these terms. On receipt of your order, we will send you an email describing the products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process.

Cancellation

If for any reason you would like to cancel an order, this may be done by contacting M&M’s WhatsApp number on +27 76 444 9618. You will only be able to cancel orders up to midnight on the day prior to the date of delivery. M&M reserves the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, M&M reserves the right to cancel forthwith any sale and/or your registration in the event of your breach any of the terms.

You may return a Product, at your cost, to M&M provided you have the original invoice/proof of purchase and have complied with the required terms and conditions of M&M’s Returns Policy.

Order Tracking

You can track the status of your order by logging into your account and by clicking on "My Orders". Once you have selected the order that you wish to track you will be able to see if your order has been received by M&M and if it has been delivered to you.

We will also send you emails and/or SMSs to advise you on the progress of your order. You can call M&M’s call centre on +27 87 114 8464.

Delivery and Store Collection

Delivery

Delivery fees are calculated as follows:

1.       Local Delivery:

a.       A delivery fee of R35.00 (thirty-five rand) will apply to orders under R350.00 (three-hundred and fifty rand).

b.       Free delivery is available for orders with a total value of over R350.00.

2.       National Delivery:

a.       Delivery fees are calculated automatically upon checked based on the items in the cart. Delivery fees vary based on the type of delivery service selected. M&M makes use of external courier partners for National deliveries.

b.       Free delivery is available for orders with a total value of over R1 000.00. Free shipping is only available for economy type shipping. Overnight shipping is excluded from free delivery.

M&M reserves the right to increase or decrease delivery fees from time to time and all applicable delivery fees will be communicated to you at check out. M&M delivers from Monday to Friday, 08h30 till 17h00 and may, in its discretion, deliver on weekends and South African public holidays. Items are delivered between 2 (two) to 5 (five) working days if there are no unexpected delays. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.

M&M delivers to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main centre. Outlying areas include farms, mines and townships. Our local delivery service (excluding National Delivery) does not offer delivery services in townships.

On delivery of the order to the specified delivery address, you will receive M&M’s delivery note showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one attend the delivery address specified by you at the time of delivery, the driver will return the Products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery. M&M reserves the right to charge an additional delivery fee should it be required under these circumstances. Our sole liability for failing to deliver the Products timeously is limited to delivery being affected at a later agreed time at no additional charge.

Please arrange that you or your authorised representative, who is a responsible person, is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, M&M will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. M&M have outsourced all deliveries and accordingly, cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the courier.

Delivery Confirmation

M&M will indicate its acceptance of your order by delivering the products to you or allowing you to collect them, and only at that point will a contract between you and M&M be completed. This is regardless of any communication from M&M stating that your order or payment has been confirmed. M&M will indicate its rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Any products or services on the same order which have not been dispatched/delivered to you will not form part of that the contract between you and M&M. Delivery dates are estimates only, and as we process your order we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason.

Payment

Methods of Payment

Prior to delivery or confirmation from us for collection of the Products by you, M&M shall be entitled to debit the credit card supplied by you on acceptance of your order should you be paying with a credit card. Should the customer pay for the Products via EFT, the order will only be processed once M&M have received successful confirmation of payment.

3D Secure

When using your credit card for online shopping on the Website, M&M will attempt to use 3D Secure as an additional security measure if your issuing bank supports it. 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.

Marketing and Promotions

By virtue of completing a transaction with M&M and should you consent to receiving marketing communication, you may receive marketing communications. You can unsubscribe at any time and our communications will provide the mechanism for you to do so. Our Privacy Policy provides more details on how we use and manage your personal information and how you can contact us regarding your Privacy rights.

M&M, from time to time, markets, promotes and/or offers deals on various Products within a specified duration to promote Products (“Campaigns”).

All Campaigns are available for a limited time only which validity period will be stipulated on any marketing material in a physical store and/or moerenmeng.co.za and/or mobile app (M&M App), save in the event of an advertising error (including an obvious error). In addition, Campaigns may have a stock limit and the Campaign may terminate earlier if stock allocated for the Campaign runs out. After a Campaign is sold out, those Products may, in M&M’s discretion be available on the Website and/ or M&M App and/or physical store at their normal selling prices (but no longer as a Campaign).

M&M reserves the right to restrict quantities for sale per customer for Campaign Products and we do not guarantee a specific saving from any Campaign and the extent of the Campaign is at the sole discretion of M&M.

Adding a Campaign to your cart or completing your order for a Campaign without paying for it, does not reserve the Products for you. M&M must receive payment from you within 24 (twenty-four) hours of you placing your order for a Campaign Product, otherwise we will cancel your order. Payment must also have taken place during the Campaign validity period. M&M may reserve stock for customers in the order in which it receives payment.

M&M may also from, time to time, have Campaigns applicable exclusively to the M&M App, and/or online only, although these may also be displayed on the Website, mobile site, M&M App and/or in-store. We appreciate that customers may use our Website to research pricing before visiting one of our physical stores. However, please note that pricing on our Website and/or M&M App does not constitute an offer by any of our physical stores and in-store pricing may vary.

M&M App only Campaigns are only available for purchase using the M&M App and their prices may differ from the normal selling prices at which those Products may be available on the website or mobile site. You will only receive the M&M App only Campaign price if you pay for your order using the M&M App before the M&M App only Campaign validity period expires or Products sell out. You will not receive the M&M App only Campaign price if you pay for your order using the website or mobile site, or if you don’t pay for your order before the M&M App only Campaign validity period expires or Products sell out.

Any bundle Campaigns will require the customer to add to cart each of the Products applicable to the Campaign to qualify for the Campaign. The Campaign Products cannot be applied in conjunction with any other discount including but not limited to any student discount, staff and pensioners discount and/or birthday discounts.

M&M reserves the right to cancel, correct or amend a Campaign for any reason whatsoever and entirely within M&M’s discretion. If a Campaign includes a promotional competition as defined in the Consumer Protection Act, such promotional competition will be subject to the specific promotional competition terms and conditions.

Refunds

M&M will refund a purchase for the exact amount paid less the following:
• any bank charges already incurred for the processing of the transaction;
• any delivery costs already incurred by M&M;
• any restocking fee for special orders

Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. credit card.

A refund can take up to 7 business days to reflect in your account, and EFT refunds are subject to verification of your banking details.

To verify your banking details, you will be required to supply the following information:
• Proof of Payment;
• ID number (not a copy of the ID) OR Company Registration number;
• Proof of banking details.

Alternatively, you can receive your refund as a voucher. The voucher is not a cash refund, but a voucher that can be used through any of our dedicated sales channels. To receive your refund as an voucher, you need to confirm this request. The voucher will be allocated to the account that placed the order and can’t be transferred to any other account.

For more information, please refer to M&M’s Returns Policy.

Risk and Ownership

Risk in the Products shall pass to you by acceptance of the Products by your authorised representative on delivery. M&M will retain ownership in the Products until payment has been received in full.

Intellectual Property

All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by M&M (alternatively M&M is the lawful licensee thereof). Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of M&M.

Collection of Cookies, Tag Management and Other Tracking Tools

A cookie is a piece of information that is deposited on your computer's hard drive by your web browser when you use our computer server. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website. Similarly, tags convey information from the Website to the search engine and enhance your overall online experience. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address. By accepting the cookie and tag management options when accessing the Website, you agreed to our Privacy Policy.